>> dan: and good evening. i'm dan ashley. we literally got breaking news. it involves the national football league, apparently according to espn and pro football.com they have worked out an agreement with the referees, n.f.l. walkout may be over and we understand that a official crew, regular n.f.l. referee crew will be in for tomorrow night's game in baltimore. this comes after all kinds of the replacement of the replacement of referees what may have been the tipping point in a game against green bay and seattle whether a bad call literally green bay the game. this whole story exploded after that with incredibly intense criticism for the n.f.l. for not getting the referees back on the field, not letting the lockout

come to the end. they have made a mockery of the sport this season but the regular referees may be back in action as soon as tomorrow night. we'll continue to have more on this a little later in sports and full report as we continue. let's move on to the other top story tonight. >> a 11-year-old oakland boy who returns home from the hospital after being shot, but tonight he is afraid to live in his own home. he was asleep in his bed when bullets tore through the home, one of bullets piercing his liver. here is wayne freedman. >> it is a neighborhood in oakland where maybe the dogs sleep well but no one else. if the visuals don't make an adequate por tratd the people will. >> that is the type of neighborhood that they brought their boy home this afternoon.

11-year-old appears peered to be walking slowly. he had 16 good reasons. count the bullet holes. it passed through three walls last week and hit him in the chest. >> i remember i was playing around. there was blood all over the floor. >> it's real hard. you cannot imagine when you see him crying, bleeding. >> harder still for a father to look up from his own pillow to see the head board and hole that barely missed. >> reporter: welcome home luis. >> he is afraid it might happen again. >> i'm scared, too. >> a family of five, a family of faith. a family stuck in in a hard luck rental looking for a way out. being told you can't go home

again is having no other option. >> you know, every day you have to wake up and see holes like this. >> reporter: oakland police are trying to get new information on the case but they don't have any new details. meantime hernandez family is looking for a new place to live and all those unexpected medical bills. >> dan: a 17-year-old concord teenager sbichd his plea and admitted killing two members of the same family with a speeding suv. they wanted to see the teenager soon to turn 18 tried as an adult. two were killed when the speeding car jumped the sidewalk along treat boulevard. a judge sent him to juvenile hall calling him a danger to society. he pleaded guilty to two felony

count of manslaughter. he was driving 72 miles an hour in a 45 mile-an-hour zone when the car plowed into the family. surviving relatives are not satisfied. >> we're hoping it sends a message to other drivers that you have to be responsible for your actions. you take two lives and you are sorry at sentencing. it's a little too late. >> the guilty plea was part of an agreement with juvenile prosecutor. he believes the teenager leaving his home earlier this year is sorry about what happened. >> he admitted at an early stage which is an indication of being -- it comes across to me he is. >> the teenager's parents came to support their son. they tried to apologize to the family but they didn't want to hear it. he will be sentenced next month but juvenile law says he must be released by the age of 21.

>> a serious crash tonight, they were chasing a car full of suspected robbers when the car slammed into a minivan and struck another vehicle before coming to a stop. the woman driving the minivan had to be cut out of the vehicle she is now in emergency surgery. they took all three into custody and two were injured in the crash. in san mateo today, parents fired questions at police and school district officials after a nine-year-old girl was molested and kidnapped last week. terry mcsweeney has more from parkside elementary school with changes the school is putting into place. >> i have two children that go to school here my husband came and picked them up from school that afternoon. he had no clue that even happened. we didn't find out until 5:30 in the evening. >> it was important with the information that was put out to the families was correct and accurate. so we waited until we had correct information and released

it with the police department. >> this morning's meeting was sparked by the kidnapping of a nine-year-old girl last friday. they groped the girl in the bathroom and carried her away. after he put her down and they were about to enter a nearby house she kicked and threw rocks and went back to school. >> they say made two other stops at an academy offering vodka two girls. then kicked off campus at an elementary by an administrator. changes are coming to parkside elementary. >> we make it look like a gated community rather than a school. that is something we will talk about. >> reporter: there will be a noticeable change, but they are on the other side of school and coming over here and putting up

higher fence and fixing the gates making them all lockable, some of the many changes coming to the school. >> police have arrested two men for stealing dozens of laptops from facebook's headquarters. one is off duty security guard that worked there. that guard brandon sigh mun mon and travis calhoun were arrested after a private security guard spotted them taking 49 computers from the building. police say their cars contained bins of facebook laptops. >> more than a thousand pot plants have been seized. many growers supplied dealers in other states. according to california watch, that is unit of the center for investigative reporting. feds are on track to eradicate 1.5 million marijuana plants this year. keep in mind, it's less than a third of what they seized three years ago.

many attribute the drop to a state eradication program after three decades but potted seizures have himself fallen in oregon and washington state, as well. >> people watched in amazement. the video that went viral. you saw it. a u.c. davis police pepper spraying those demonstrators. >> tonight a massive payout to those students involved. nannette miranda has reaction from davis. >> reporter: pepper spray is unimaginable pain. >> it was an unforgetable scene shown all around the world last fall. pepper spraying peaceful protestors who were upset about the rising cost of tuition. an acknowledgement that the response could have been better. officials and american civil

liberties union agreed to settle a lawsuit for a million dollars. >> the university is held accountable for their actions but make sure that november 18th doesn't happen again. >> chancellor has publicly apologized for the incident kept her job but she must write an apology hit with pepper spray to each person. each plaintiff will get $30,000. the aclu will help formulate new policies in handling demonstrations and students whose academic performance declined in the aftermath will get records adjusted. >> the days that followed november 18th. i suffered major panic attacks. so it told me i it was unreasonable tuition hikes. >> they will make payments from their own insurance fund but

that taxpayer and tuition money being used, something that upset students. >> it's ironic. they have a constitutional right to free speech. >> this settlement now increases the total payout to more than $2 million so far. that includes the use of a crisis management firm, investigators and more lawyers. at u.c. davis, nannette miranda, "abc 7 news". >> dan: avalanche survivor and livermore native says he is fortunate to be alive but is suffering the loss of a couple friends. he survived a deadly avalanche that killed eight people. it happened sunday morning at more than 22,000 feet. he a three-time world champion free style skier. he says he was reading his bible when the avalanche struck. >> i was reading first samuel for the sake of reading it.

it begin to shake and it was avalanche. >> despite injuries, he describes hims as one of luckiest people in the world. >> my face is smashed. incidentally, a dentist missionary group and fixed all my teeth. i had no teeth this morning. i'm just really beat up. >> dan: he is on his way back to the bay area. he had planned to ski down the slopes of the mountain with the other climbers when the tragedy happened. >> there is much more ahead this wednesday night. coming up, you'll see what is being done to combat west nile virus. the bicycle messengers are playing a key role. and a club in fresno the n.f.l.

replacement referee that blew that call, he doesn't let the controversy ruin his fun. i'm sandhya patel. get ready to hit the beach. we have steamy weather coming our way. a look at temperatures coming up. >> berkeley backs stage for diversity.

what was grandma's cold remedy? hi, primo! asopao! right, asopao! there you go cuz, so you can sweat it out! oh, and music...

( all ) music? ... heals the soul. the power to share unites us. verizon brings your entire family the savings of the share everything plan. unlimited talk. unlimited text. and data you can share with up to 10 devices, all in one plan. get the 4glte droid razr by motorola for $99.99. verizon.

>> dan: i told you at the top of the news cast a deal has been made to get the regular officials back in the national football league. controversial call in packers-seahawks game may have been what have brought them together for a deal. in the middle of that call, a reporter spoke with the referee who has worked with him. >> n.f.l. replacement lance easily has incurred the wrath of the sports world. they took the win away from the green bay packers. one night later, he was spotted having a good time at club in north fresno, taking pictures

with people. one guy talking football with a buddy had no idea lance was within earshot. >> he overheard me talk about the game. then he flipped me off and left. that is kind of rude. they said that was the ref. >> he was in a meeting with bank of america officials. here is banker in santa maria. he was part of a large group that had dinner there and was recognized by staff. his friends feel for him. bob heads the san joaquin officials association. >> i probably worked two or three games with lance. we worked at junior college level. i believe he has been over here once and i was over on the coast twice. >> they say the n.f.l. game makes it very difficult for referee west side high school

and junior college experience like him to keep up. >> right now there is nobody, i don't care how much the players have tweeted or done whatever -- there is nobody that feels worse about that call than him and his partner. >> dan: in the meantime, the owner of casino says he does not accept the call that ends the controversial game. he refunding anybody that lost money at his sports book. sandhya patel is in this week. cool out tonight. >> yes, it is. but it's about to change. is your pool clean? there may be a pool party at your house. we're going to turn up the heat here. it will get cooking. break out the bathing suits. here is what it looks like right now from high definition roof camera. a following gi coit tower.

it is difficult to see out there. especially along parts of our coastline, half moon bay, san francisco, dense fog developing. watch out for the morning commute. check out live doppler 7 hd and talk about the fog. it is sitting not just near the coast but in over parts of the bay already. around 1600 feet deep. that means many of you will wake up to fog tomorrow morning. visibility just over a mile and a half and i suspect these numbers will be falling toward the morning hours. this is the time of year we see dense fog. temperatures in the 50s and 60s. it certainly is getting cool outside. fog tonight, dense in patches and warming begins tomorrow. look at that warm and hot weather for the weekend so we will turn off the natural a.c. and crank up the heat.

good sleeping weather tonight. upper 40s to 50s tomorrow morning. thick fog may slow down your morning commute. bundle up as you head out the door. here is a look at satellite picture, water vapor imagery and we have a warmer pattern developing. you see the jetstream, faster upper level winds that move it to the upper part of the atmosphere, that is way off to the north. we have a large ridge of high pressure that is going to set up and that is what is going to provide us with some warmth. it all begins tomorrow but as the high pressure builds inland we'll start to see warm wind developing off the warm land going towards the ocean. that is when the heat will peak on sunday. hot conditions in our inland valleys, near hundred degrees. tomorrow will be a warm day. 80 in sunnyvale. 82 for san jose and nice day on

the peninsula. upper 70s for mountain view. half moon bay, fog will be sitting there, 64 degrees. 67 in downtown san francisco and i would go daly city fog, 62 degrees. 84 in santa rosa. 79 for vallejo. 78 in castro valley. inland areas, feel some warmth, not pittsburgh, walnut creek. 92 in livermore and monterey bay 63 in carmel, 75 in santa cruz. as we inch towards the weekend we'll see the temperatures rise each and every day. numbers will be in the mid to upper 90s inland for your weekend so getting toasty. coastal areas, low to mid 70s, beach water or pool party at dan's house. >> come one, come all. >> you are all invited. >> we'll do that.

>> coming up next, we'll take you inside a modern day foundry where the future is under development right now in silicon valley. [ male announcer ] citibank's app for ipad makes it easy for anne to manage her finances when she's on the go.

even when she's not going anywhere. citibank for ipad. easier banking. standard at citibank. we're not in london, are we? no. why? apparently my debit card is. what? i know. don't worry, we have cancelled your old card. great. thank you. in addition to us monitoring your accounts for unusual activity, you could also set up free account alerts. okay. [ female announcer ] at wells fargo we're working around the clock to help protect your money and financial information. here's your temporary card. welcome back. how was london? [ female announcer ] wells fargo. together we'll go far.

helps him deposit his checks. jay also like it when mother nature helps him wash his car. mother nature's cool like that. mobile check deposit. easier banking. standard at citibank. >> dan: a research lab in palo alto is coming up with impressive ideas for your smart phone and tablet. david louie has the story. >> reporter: at&t calls it their foundry but intest is of casting it's producing new apps that tap into the high speed wireless networks. one idea is to link health care providers to monitor vitals.

another is expected to released next year, promotes driver safety. parents can track their teenagers and texting can be turned off remotely. it's called geo fencing. >> it's setting a radius for the teenage driver in a particular area, if the teenage leaves that area. the parent will receive an alert. >> at&t has invested $90 million to foster innovation. the other two are in texas and israel. >> most of our partners are not at&t employees. they are outside developers and architects. we think drawing on that knowledge we're going to move forward at a fast face. >> another is to replace remote controls with voice commands. >> an audio gets sent up to the

server and in the cloud it figures out what those words were and how they match with the program content. >> project has 90 days to prove their worth or get chopped. it's a busy place with about 30 projects underway at any given time. the goal is to have a high percentage of them end up on your smart phone or tablet soon. >> dan: we a lot more to get to. your voice, your vote. a major new shift momentum for president. an important swing state seems to be turning blue tonight. an alert for chevron on the richmond refinery fire, now they have pinpointed its cause, they have issued a warning to other refineries. launch trays to lean, viral video condemning the fight against fat in schools. and carmegeddon is two days away

in los angeles, but this time it's not just gridlock but

>> dan: a case of west nile virus has been confirmed in san francisco. public health department says a man in the city was hospitalized and is now recovering at home. heather ishimaru has the latest. >> mosquitoes infect humans and animals with the virus. a san francisco man is the first confirmed human case since 2005. the public health department has issued an advisory to doctors but caution it's no reason to panic. >> you are more likely to have a

fever, aches and pains and flu like illness and not know they were infected with west nile virus. only one out of a 150 will actually develop severe neurological disease. >> the san francisco victim had not traveled outside the bay area recently so the infected mosquito was either in the bay area county. there are certain species that like it here. >> we are not sick with mosquitoes that is why we live here. we do have four species that could transmitted west nile in our wear. >> one species most responsible for west nile breeds in a variety of places but what bennet calls organic material like bird poop. >> you have a mixture of birds

and humans and breeding sites, you have a cocktail that means west nile virus can occur in greater number. >> city of san francisco has its own methods on keeping its own lid on the breeding. >> donovan and ten others like him inspect the 26,000 catch basins for standing water. >> if there is water, we will treat it with a pact. you drove it in and you mark it with a drop of paint. >> so they are on to blue painted and next time they come by, they the will see the green dot and time to take another look. they manage to get to all 26,000 basins in a three week period. >> chevron is issuing an alert tonight warning other oil refineries about the possibility

of pipe failure at their own companies. they found routine safety incan spex failed to uncover the corrosion that contributed to the last month's accident in richmond. they say unfortunately it did not inspected the individual pipe, therefore the problem went unaddressed and now warning other refineries around the country of the danger. >> there has been a major shift in momentum for the race for president tonight. new polls show president obama ten points up now on mitt rolled romney in ohio. that is key battleground state. he has moved into the leans to obama column. that gives him 255 electoral votes. 270 are needed to win. both candidates campaigned in the buckeye state today. the president seized on the momentum linking romney to his

comments that 47% of americans are victims who depend on the government. >> i don't believe we can get very far with leaders who write off half the nation as a bunch of victims that never take responsibility for their own lives. as i travel around ohio and look out, i don't see a lot of victims. i see hard working ohioans. >> near cleveland, romney tried to repair the damage from his comments. he expressed empathy for out of work americans and claimed his policies would help them get back to work. >> when you cut through the words, you can look at the record. when you see policies that have not created the jobs america needs, you know it's time to choose a new leader, get a new coach, get america growing again. >> history says ohio is must win for romney. no republican has won the white house without winning ohio. >> schools here and across the

country are following new federal lunch guidelines supported by michelle obama. guidelines are designed to fight obesity but students in kansas are rebelling fighting back with music video. what is going on? jim avila has the story. >> reporter: it's a lunchroom revolt. >> students and teachers at this high school creating a viral video protesting the new calorie cutting menus in their calf tear yeah. they say they are not getting enough to eat. ♪ >> their complaints, new school lunch guidelines rolled out, limited calories to fight the obesity epidemic among the youth. they restricted elementary schoolers to 650 calories, 750 middle schoolers and 850 for

high school students. now, half of each plate must be filled with vegetables and fruit plus milk or a fruit smoothie on every tray. on some schools the amount of food thrown out is shocking. this month we visited a school in suburban chicago where high schoolers analyzed the weight. 46 boxes of pears. all that were served were thrown away. >> there is a 50% increase in lunchroom trash. >> they say the new menus are working in some schools and the rules are long overdue. >> this is about our children and health of our children and making sure we do a better job of providing fruits and vegetables. why? because third of the kids are obese. >> and students can get seconds

of fruits and vegetables. while the healthy food is on the tray the challenge for america's lunch lady is to get the kid to eat it. >> dan: that is trick. an earthquake measuring 6.4 hit near alaska today. there are no reports of injuries or damage nor any expectation of tsunami. scientists from u.c. berkeley and geological survey says a huge earthquake last spring triggered quakes around the world. it was off the coast of simatra and did little damage but researchers from cal and u.s.g.s. but found quakes near baja california occurring a week later. >> the concern is not about traffic on the ground but traffic in the air.

ten-mile stretch of the congested 405 freeway will be shut down. last year the same thing happened and traffic problems were minimal but people go both ways on whether drivers will take a chance this year. >> i think everyone will be out driving around and not worrying about the traffic. >> some people might. i think it's going to be fine. >> dan: in fact the biggest concern may be the presence of media helicopters. nearby neighborhoods complained of noise last year. we'll see what happens on friday. still ahead, a squabble between flight attendants which diverts a flight back home. and airline quarantine seats from crying babies in economy. and a man goes fishing in idaho and brings home really quite a tale. tale. [ laughter ] [ girl ] wow. you guys have it easy.

i wish i had u-verse when i was your age. in my day, we didn't have these fancy wireless receivers. blah, blah, blah. if i had a sleepover, i couldn't just move the tv into the playroom. no, we had to watch movies in the den because that's where the tv outlet was. and if dad was snoring on the couch, we muscled through it. is she for real? your generation has it made. [ male announcer ] the wireless receiver. only from at&t u-verse. get a free wireless receiver with a qualifying u-verse plan. rethink possible.

>> dan: a plane was headed to chicago today when the captain said there was assault aboard a plane. it was fight between two flight attendants. the flight was forced to return to raleigh, north carolina. no blows were exchanged and no charges will be filed. united is compensating passengers for their inconvenience. air asia is adding a free perk who like quiet time. first rows will be restricted to passengers 12 years old and older. there is small fee, between

$11-35. travel experts say this could never work in the united states. you planes are set up differently and airlines may face lawsuits. fishermen dream of catching the big one. but one got more even bargained for. it had a human finger in its mouth. he had been fishing in idaho and authorities were able to get a fingerprint from the lost digit. it was chase today a washington border that lost in it accident. when asked if he wanted hit back, he said thanks, but no thanks. >> singer andy williams has died. his hit recording of moon river made him world face ♪ moon

river ♪ ♪. >> williams died last night after a long battle with bladder cancer. an amazing voice. we'll be back. ♪ ♪

what was grandma's cold remedy? hi, primo! asopao! right, asopao! there you go cuz, so you can sweat it out! oh, and music... ( all ) music? ... heals the soul. the power to share unites us. verizon brings your entire family the savings of the share everything plan. unlimited talk. unlimited text. and data you can share with up to 10 devices, all in one plan. get the 4glte droid razr by motorola for $99.99. verizon.

>> dan: as shakespeare said all the world is stage and berkeley campus backs stage filled full of diversity. it's the fall free for all. don sanchez has a preview. >> the music can be hot or

classical or dance rooted in thousands of years. it defies classification. as they come alive that define the wealth of bay area culture. >> not only the dreadsth and depth but the quality. >> this is dance from northern india. typical of what you will find on sunday showing the diversity of cultures in the bay area. es seemed dance company is rehearsing, those bells each way four pounds, costumes are heavy, too. >> this art form combines the physical catholic and spiritually uilt as well and the rhythm we do. >> its form where technique and

beauty and grace develop. while they perform, they will be other groups that will delight crowds in other venues. >> it's the whole bay area, we have 120 perform answers a year. >> they offer educational programs including concerts. it's from 11:00 to 6:00 everywhere on the cal campus on sunday. >> dan: check that out if you can. meteorologist sandhya patel. >> we're going to start to see our temperatures rise starting tomorrow. numbers low 90s and 70s and 8,000 around the bay and fog will hang around the afternoon. 60s. tomorrow is giants last home game at at&t park. 63 degrees and hot diamondbacks. 66 degrees by 3:00 in the afternoon. good looking weather for a

ballgame but it will get warmer each and every day. by the weekend, watch out for 90s inland and unseasonably hot but coastal areas is 60s right where you should be. >> larry beil is here. long national nightmare may be over. >> it's rare that i use this line. sanity present veils. the real refs are coming back. a deal was reached tonight. a little national embarrassment ge

coming up at 11:00, a bay area woman sexually abused by two teachers is suing the school district almost twoecades after it happened. berkeley man sings a duet with only his phone. how did he do that? those stories coming up at 11:00 coming up on channel 7.

larry is here. this could be a good weekend for football. >> it will be until the real refs make the first bad call. get the guy from the lingerie league back here. most labor negotiations are about money or pain. but they didn't want to endure any more pain and embarrassment and that gave them more leverage. a tentative agreement to bring the real refs back. in baltimore, talking about getting ready, defensive players have taken advantage of replacement refs that didn't know what was going on. they were mugging, and one raider who is going to miss the replacement. >> i like the replacement refs. [ laughter ] >> obviously green bay is not excited about them but still

there for them. >> michael huff is going to miss putting guys in head locks. they handed fines and bill belichick fined $50,000 after loss to ravens. and one fined for helmet to helmet heat against hayward bey. he was taken to the hospital. concussion and neck injury. he was released on monday and expected to make a full recovery. how about the radar defense. had he raider defense. raiders face peyton manning and denver broncos on sunday. >> he is peyton manning a hall of fame quarterback. there is absolutely no way we're going in any way say he is not the same quarterback he's been.

i watched the tape. he is still an outstanding quarterback. she operating in that offense and i don't see much of a drop-off. >> back-to-back road games, niners are staying in ohio prepping for the jets. jim utah but a likes it. a especially long week for the wide receiver. >> it means a lot coming back to practice. last year, they came here and said they had a good time. it's a good time for us to bond together, we're in these hotels all day, i get to go home. >> one week to go regular season every victory gets them closer to the playoffs. oh, yeah! who cares. a's dame out slugging. josh donaldson, hamilton overruns.

derek norris drills a line to hamilton and missed this one also. donaldson and norris, check the starter yanked in the first, chris carter strikes out. a's with 1332 strikeouts this season breaking the previous mark that was held by the rays. steven drew had four hits, parker struck out 8. a's win 9-3. they are two 1/2 up on the wildcard spot. >> giants are expected to announce that melky carrara will not be on the roster. giants hosting a d'backs a proposal and she said, yes. buster posey, pagan, hundredth r.b.i. of the season.

matted cane had a solid. struck out 6. bases load. marco scutaro, singles to left. 4-0 giants and right now, 5-0 g-men in the eighth. >> thursday night football and tomorrow night at washington, stanford ran wild in 65-21 blowout. huskies, 2-1 and have a talented quarterback in keith price. >> we're not to underestimate this team. they have a monstrous tight end, big physical guy that makes a bunch of big plays. it will be loud and crazy. we have to be ready for the environment, go up there and play our best game. >> tough test for stanford. >> good news about the refs. >> it was fun to watch at times. that is our report. for all of us, i'm dan ashley.

thank you so much for watching. we appreciate your time. hope to see you one hour over on hope to see you one hour over on frank: damn, i'm bored. come on, let's do something. dennis: well, we're a little busy here, frank. what the hell are you reading? in touch. in touch? why would you read that crap? we are trying to stay in touch with what's happening in the world. yeah, i'm sorry if we like to keep ourselves informed. you want to be informed? read a newspaper. dude, nobody gets their news from a newspaper anymore. no, no, no, but dennis, look-- "plutonium smuggled into syria." eek, that's gonna change my life drastically. that's gonna change everyone's lives. no one can go to syria anymore for vacation. oh, boo. hey, what's up,' bitches? what is up? turn the tv on right now, dude. this is huge. turn the tv on. i'm gonna be on the news. oh, my god, dude, there was an accident today,